Ethics, Law and Military Operations


Book Description

While there are many legal textbooks on the laws of armed conflict and academic works on ethical issues in international relations, this is the first text on the relevance of legal and normative issues in military practice. It covers the entire spectrum of military operations and is written with military deicision-makers particularly in mind.




Military Space Ethics


Book Description

As space develops as a potential war fighting domain, so does the need to have ethical scrutiny. Since the 1960s there have been core space treaties that together with national laws, provide a clear framework for both military and civilian space activities, yet ethical questions still exist around space warfare. Is it appropriate to respond kinetically on earth to a threat in space? Does just war theory apply in space and does the remoteness of space lower or raise the threshold for armed conflicts? Will the creation of new space forces start a space arms race? New combat environments also create a number of new challenges, including whether future war in space will be conducted by robots or space marines, and how the dual-use nature of satellites will impact on their permissibility as targets in any future conflict. As technologies become more widespread, space may be threatened by the likes of non-state groups and rogue states, leading to a need to inhibit their movement in space. In space, differences are magnified; resources are especially scarce, risks are multiplied, and specialized medical care is a world away. The physical and psychological distance between combatants in modern warfare applies also to space and the impacts of remote warfare need to be considered including the potential for moral injury and psychological trauma. With greater military power comes greater responsibility and this responsibility is carried out at the end of a chain of decisions and technologies. This book's relevancy will not be lost on students at service academies and staff colleges in preparing them for the task of emphasizing ethical responsibility in space to those whom they will lead in the future.




The Armed Forces Officer


Book Description

In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.




The Handbook of the International Law of Military Operations


Book Description

Based on best-practice rules of global importance, this handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force.




Redefining the Modern Military


Book Description

This edited collection will expand upon and refine the ideas on the role of ethics and the profession in the 21st century. The authors delve into whether Samuel Huntington and Morris Janowitz still ring true in the 21st century; whether training and continuing education play a role in defining a profession; and if there is a universal code of ethics required for the military as a profession. Redefining the Modern Military is unique in how it treats the subject of ethics and the military profession, as well as the types of writers it brings on board to address this topic. The book puts a significant emphasis on individual agency for military professionalism as opposed to broad organizational or cultural change. Such a review of these topics is necessary because the process of serious, intellectual self-reflection is a requirement--especially in a profession that involves life and death of people and nations.




Military Operations and the Notion of Control Under International Law


Book Description

This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces. Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems. The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.




U.S. Military Operations


Book Description

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.




Ethics, Law and Military Operations


Book Description

Public anger at perceived ethical and legal failures in recent wars has reinforced the importance of understanding military ethics. Ethics, Law and Military Operations is one of the first texts to examine both the ethical and the legal considerations of contemporary military conflict. It adopts a practical approach to explore the ways in which legal and normative issues combine to affect the entire spectrum of military operations, from high-intensity conflict to peacekeeping activities and the provision of humanitarian aid. With an operational perspective in mind, this text delivers accessible frameworks for evaluating and applying fundamental legal and ethical concepts. Written by an international team of military practitioners and academics, this book provides interdisciplinary insights into the major issues facing military decision-makers. The first half of the book explores the ethical and legal underpinnings of warfare. Later chapters use case studies to examine specific issues in the contemporary operating environment.




Ethics and National Defense


Book Description




Law, Ethics, and the War on Terror


Book Description

In recent years the mass murder of thousands of innocent civilians by al Qaeda terrorists has plumbed the depths of criminality and immorality. Yet it is the response to those attacks, particularly by the United States, that has provoked widespread accusations that the anti-terrorist cure may be worse than the terrorist disease. This book explores the key legal and ethical controversies that arose in the wake of the brutal attacks of 11 September 2001. After the Cold War, progress in human rights and limitations on warfare created an impression that "global civil society" had emerged to challenge the dominance of states and establish new norms to guide their behavior. The events of 9/11, however, witnessed a reassertion of state prerogatives, reflected in challenges to the Geneva Conventions and the stigma against torture. Focusing on core debates about preventive war and the implications of targeted assassination, kidnapping, indefinite detention, and the torture of suspected terrorists, Evangelista asks whether state practice will further undermine the very norms of international law and morality, or whether efforts to combat terrorism can be brought back into conformity with ethical and legal standards.